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Books > Law > Laws of other jurisdictions & general law > Criminal law
A CRIME BURIED FOR YEARS. AND ONE THAT'S JUST BEGUN... 'An authentic, topical and terrifying thriller: one of Michael Connelly's very best' THE TIMES 'Yet another superb thriller from a writer at the top of his game' SUNDAY EXPRESS 'Consistently excellent' MAIL ON SUNDAY * * * * * A MURDER YEARS IN THE MAKING A murder in the middle of a street party seems a senseless tragedy. But the victim had a dark past which came back to haunt him. THE DEEPER YOU LOOK Detective Renee Ballard connects the killing to an unsolved case last worked by ex-LAPD legend Harry Bosch. But then a new crime shatters the night shift... THE DARKER IT GETS The Midnight Men are a deadly pair of predators who stalk the city during the dark hours and disappear without a trace. Ballard once believed her job was to bring the truth to light. In a police department shaken to the core by protests and pandemic, both cases have the power to save her - or end her... * * * * * CRIME DOESN'T COME BETTER THAN CONNELLY: 'One of the very best writers working today' Sunday Telegraph 'The pre-eminent detective novelist of his generation' Ian Rankin 'The best mystery writer in the world' GQ 'A superb natural storyteller' Lee Child 'A master' Stephen King 'Crime thriller writing of the highest order' Guardian 'America's greatest living crime writer' Daily Express 'A crime writing genius' Independent on Sunday
The book examines how and according to which principles the enactment of European criminal legislation is legitimate. The approach adopted here focuses on the constitutionalization of criminal law (i.e., the growing importance of constitutional elements of the EU legal order and the ECHR regime within criminal law). Further, it shows how and why criminal law has a unique nature, and why it should not be equated with other fields of EU law.The book explains the basic research questions and methodologies, before turning to the nature of criminal law at the level of national law, and addressing the different levels of justification for criminal law. Further, it examines the most prominent features of European criminal law and the difference between general EU law and EU criminal law, as well as the theoretical ideals for European constitutional structures and criminal law. Examples of how the law in practice might not always be in keeping with these normative ideals serve to round out the coverage.
Practicing Forensic Criminology draws on examples from actual court cases and expert witness reports and testimony to demonstrate the merits and uses of substantive criminological knowledge in the applied setting of civil law and the courts. Throughout the book, the authors provide a highly readable, informative discussion of how forensic criminologists can apply their research and teaching skills to assist judges and juries in rendering legal decisions. Engaging and lively, the chapters include excerpts from forensic criminological investigations, in-depth discussions of the methodological and analytical bases of these investigations, and important lessons learned from real litigation cases. Case examples are drawn from the forensic realms of premises liability, administrative negligence, workplace violence, wrongful conviction litigation, and litigation involving police departments and corrections facilities. Well referenced and thoroughly researched, Practicing Forensic Criminology serves as an introduction to the vast and heterogeneous field of forensic social science that is rapidly changing and expanding. This unique and original book guides readers through the research work of expert witnesses working as consultants, researchers, and crime analysts and investigators. Offering expert criminological insights into litigation cases, the chapters reveal how forensic social science research can be an effective mechanism for reaching beyond the academy to influence public policy reform and legal proceedings. Practicing Forensic Criminology will appeal to a diverse audience, including social scientists, criminal justice students and researchers, expert witnesses, attorneys, judges, and students of judicial proceedings seeking to understand the value and impact of criminology in the civil court system.
Extreme Violence: Understanding and Protecting People from Active Assailants, Hate Crimes, and Terrorist Attacks provides readers with a comprehensive treatment of critical knowledge needed to understand, prevent, prepare for, and respond to catastrophic acts of violence. In Part One of the book, readers learn about various types of extreme violence, terrorist organizations, attack methodologies, weapon types, mass transit targeting, and vulnerabilities of critical infrastructures. Part Two focuses on prevention strategies, including hazard and vulnerability assessments, evaluating anonymous threats, target-hardening, crime prevention through environmental design, security technology, and behavioral approaches. It also discusses how attackers can leverage an organization's own security technologies to carry out more effective attacks. Part Three explores preparedness and emergency responses, emergency communication systems, and the National Incident Management System. Part Four speaks to the aftermath of extreme violence by addressing public communications, mental health recovery measures, litigation and reputation damage protection, business resilience, and conducting post-incident reviews. Written by internationally experienced security experts who have helped prevent, respond to, and provide post-incident assistance for more than 32 planned attacks globally, Extreme Violence is an ideal resource for courses in security management, homeland security, terrorism, public administration, and law enforcement. This timely text is invaluable for practitioners working in homeland security, emergency management, policing, security, criminal justice, public administration, and terrorism.
This book offers a set of essays, old and new, examining the positive obligations of individuals and the state in matters of criminal law. The centrepiece is a new, extended essay on the criminalisation of omissions-examining the duties to act imposed on individuals and organisations by the criminal law, and assessing their moral and social foundations. Alongside this is another new essay on the state's positive obligations to put in place criminal laws to protect certain individual rights. Introducing the volume is the author's much-cited essay on criminalisation, 'Is the Criminal Law a Lost Cause?'. The book sets out to shed new light on contemporary arguments about the proper boundaries of the criminal law, not least by exploring the justifications for imposing positive duties (reinforced by the criminal law) on individuals and their relation to the positive obligations of the state.
This book addresses six areas of policing: performance management, professional and academic partnerships, preventing and fighting crime and terrorism, immigrant and multicultural populations, policing the police, and cyber-security. The book contains the most current and ground-breaking research across the world of policing with contributors from over 20 countries. It is also a suitable reference or textbook in a special topics course. It consists of edited versions of the best papers presented at the IPES annual meeting in Budapest.
Criminal investigation is an essential topic, running through the new national policing curriculum from volume crime to serious organised criminality. This book provides accessible and comprehensive coverage, with case studies and examples to embed understanding, clear links between theory and practice, and a range of critical thinking and review activities. It examines investigation from inception to conclusion, detailing methods, explaining legal requirements and reflecting on past investigations. The contributory roles of specialists and forensic support are examined to provide an inclusive overview of the whole investigative process. The Professional Policing Curriculum in Practice is a new series of books that match the requirements of the new pre-join policing qualifications. The texts reflect modern policing, are up-to-date and relevant, and grounded in practice. They reflect the challenges faced by new students, linking theory to real-life operational practice, while addressing critical thinking and other academic skills needed for degree-level study.
This book explores how forensic psychology has come to inhabit a central unifying discursive presence in the life world of modern carceral institutions. Providing a sociological and qualitative account of forensic practitioner psychologists, the author looks both in, and alongside, the work of such practitioners to explore how they simultaneously occupy positions of power and vulnerability. Focusing not only on how practitioners themselves come to embody a pervasive system of disciplinary expertise, but also on how they experience other forms of penal control, the book offers a novel and complete exploration of forensic psychology, the modern prison, and power. This is an accessible text for prison practitioners, criminological and sociological researchers and forensic psychologists on the nature and reality of forensic psychological practice in the contemporary prisons of England and Wales.
Few events have influenced our global order as intensely as the events of September 11, 2001. At various levels in the past ten years, persistent attempts have been made to address the threat of terrorism, yet there is still urgent need for a joint and coherent application of a variety of regulations relating to international criminal justice co-operation, the use of force and international human rights law. In an important contribution to international discourse, Larissa van den Herik and Nico Schrijver examine the relationship between different branches of international law and their applicability to the problem of terrorism and counter-terrorism. Using a unique combination of academic perspectives, practitioners' insights and a comprehensive three-part approach, Counter-terrorism Strategies in a Fragmented International Legal Order offers sound policy recommendations alongside thorough analysis of the state of international law regarding terrorism and provides fresh insights against the backdrop of recent practice.
This book breaks new theoretical ground by constructing a framework of 'relational vulnerability' through which it analyses the disadvantaged position of those who undertake unpaid caregiving, or 'dependency-work', in the context of the private family. Expanding on existing socio-legal scholarship on vulnerability and resilience, it charts how the state seeks to conceal the embodied and temporal reality of vulnerability and dependency within the private family, while promoting an artificial concept of autonomous personhood that exposes dependency-workers work to a range of harms. The book argues that the legal framework governing the married and unmarried family reinforces principles of individualism and rationality, while labelling dependency-work as a private, gendered, and sentimental endeavor, lacking value beyond the family. It also considers how the state can respond to relational vulnerability and foster resilience. It seeks to provide a more comprehensive understanding of resilience, theorising its normative goals and applying these to different hypothetical state responses.
This collection of original essays, by some of the best known contemporary criminal law theorists, tackles a range of issues about the criminal law's 'special part' - the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part which usually receives much more theoretical attention. Some of the issues covered concern the proper scope of the criminal law, for example how far should it include offences of possession, or endangerment? If it should punish only wrongful conduct, how can it justly include so-called 'mala prohibita', which are often said to involve conduct that is not wrongful prior to its legal prohibition? Other issues concern the ways in which crimes should be classified. Can we make plausible sense, for instance, of the orthodox distinction between crimes of basic and general intent? Should domestic violence be defined as a distinct offence, distinguished from other kinds of personal violence? Also examined are the ways in which specific offences should be defined, to what extent those definitions should identify distinctive types of wrongs, and the light that such definitional questions throw on the grounds and structures of criminal liability. Such issues are discussed in relation not only to such crimes as murder, rape, theft and other property offences, but also in relation to offences such as bribery, endangerment and possession that have not traditionally been subjects for in depth theoretical analysis.
Derivative criminal liability includes inchoate offenses (criminal attempt, conspiracy, preparatory offenses, etc.), complicity (joint perpetration, perpetration through another, incitement, solicitation, accessoryship, etc.), organized crime, natural and probable consequences liability, post-crime aid, enterprise liability, terrorism and terrorist infrastructure, and many more forms of criminal liability, clearly making it a major pillar of modern criminal law. Although derivative criminal liability affects countries worldwide, there is still no general legal theory that covers this issue. The objective of the present book is to develop a comprehensive, general, legally sophisticated, and at the same time practical theory of derivative criminal liability. The book emphasizes the practicality of the theory to enable courts, lawyers, legislators, attorneys, students, and academics to apply it in their daily professional occupations.
The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They examine the claim that the principle tends to be associated with greater severity in sentencing, and explore the relevance of penance and of restorative justice to proportionality theory. Their examination of arguments and counter-arguments culminates in a re-statement of the main criteria for proportionate sentencing. The authors are well known for their previous writings on proportionality theory, and this volume broadens the theory to deal with important contemporary issues in crime and punishment.
Over the past decade, a growing body of research has delineated the nature and extent of delinquency, as well as the role of the juvenile justice system. Despite such research, the causes and consequences of delinquency and the role of the justice system remain poorly understood, particularly in regard to minority groups. This book is intended to meet a two-fold need: to extend research into the area of delinquency generally and to further research into the sociology of Black youths. The author explores critical issues such as the rates of delinquency among Black youths, explanations of delinquency, and the juvenile justice system's treatment of Black youths, as well as the policy implications for designing culturally sensitive and effective delinquency treatment and prevention programs. Joseph's work will be of interest to scholars in sociology/criminology, criminal justice, and Black studies.
This volume critically engages with the development of official policy and reform in relation to the support of victims of crime both within and beyond the criminal justice system of England and Wales. Since the election of the Conservative/Liberal Democrat Coalition Government in May 2010 it is argued that victimization has increasingly taken on a greater cultural resonance both in England and Wales and in other industrialised countries. Images of terrorism, public debates around the handling of sexual victimisation by the courts, and the issue of child sexual exploitation have catapulted victim issues into the public consciousness like never before - generating a new form of what Hall terms 'victim capital'. As such, this book utilises a combination of cultural victimological analysis, governance theory and legal scholarship to address fundamental questions concerning the drivers and impact of victim policy in England and Wales in the 21st century. An engaging and original study, this book will be of particular interest to scholars of victimology and the criminal justice system, as well as activists and policy makers.
Can punishments ever meaningfully be proportioned in severity to the seriousness of the crimes for which they are imposed? A great deal of attention has been paid to the general justification of punishment, but the thorny practical questions have received significantly less. Serious analysis has seldom delved into what makes crimes more or less serious, what makes punishments more or less severe, and how links are to be made between them. In Of One-eyed and Toothless Miscreants, Michael Tonry has gathered together a distinguished cast of contributors to offer among the first sustained efforts to specify with precision how proportionality can be understood in relation to the implementation of punishment. Each chapter examines scholarly and lay thinking about punishment of people convicted of crimes with particular emphasis on "making the punishment fit the crime." The contributors challenge the most prevalent current theories and emphasize the need for a shift away from the politicized emotionalism of recent decades. They argue that theories that coincided with mass incarceration and rampant injustice to countless individuals are evolving in ways that better countenance moving toward more humane and thoughtful approaches. Written by many of the leading thinkers on punishment, this volume dissects previously undeveloped issues related to considerations of deserved punishment and provides new ways to understand both the severities of punishment and the seriousness of crime.
This book puts forward proposals for solutions to the current gaps between the Mexican legal order and the norms and principles of international criminal law. Adequate legislative measures are suggested for compliance with international obligations. The author approaches the book's subject matter by tracing all norms related to the prosecution of core crimes and contextualizing each of the findings with a brief historical and political account. Additionally, state practice is analyzed, identifying patterns and inconsistencies. This approach is new in offering a wide perspective on international criminal law in Mexico. Relevant legal documents are analyzed and annexed in the book, providing the reader with a useful guide to the topics analyzed. Issues including the following are examined: the incorporation of core crimes in the Mexican legal order, military jurisdiction, the war crimes definition under Mexican law, unaddressed atrocities, state practice and future challenges to combat impunity. The book will be of relevance to legal scholars, students, practitioners of law and human rights advocates. It also offers interesting insights to political scientists, historians and journalists. Tania Ixchel Atilano has a Dr. Iur. from the Humboldt Universitat Berlin, an LLM in German Law from the Ludwig Maximilian Universitat, Munich, and attained her law degree at the ITAM in Mexico City.
This research examines the role of prosecutors within the United States and in Switzerland and is completed by an overview of the prosecution institutions in France and Germany. The research recognizes that despite seemingly very different legal traditions and structures, prosecutors in these systems are similar enough that each system might learn from the others. Drawing upon the experiences of other nations, this research proposes solutions to the problems identified in connection with the position and powers of public prosecutors in the United States. Furthermore, it outlines the problems related to the increase of prosecutorial power and the lessons the European criminal justice systems surveyed can draw from the experience in the US. In terms of methodology, this research not only considers formal legal provisions but also systematic structural factors, academic literature and statistics revealing how the law and governing principles actually work in practice.
This book addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in all phases of the criminal trial, with new substantive and procedural rights, many of which may be enforced against the state or defendant. This movement to substantive rights has been contentious, and evidences a contested terrain between lawyers, defendants, policy-makers and even victims themselves. Bringing together substantial source materials from law and policy, this book sets out the rights and powers of the victim throughout the phases of the modern adversarial criminal trial. It examines the role of the victim in pre-trial processes, alternative pathways and restorative intervention, the jury trial, sentencing, appeal and parole. Preventative detention, victim registers, criminal injuries compensation and victim assistance, restitution and reparations, and extra-curial rights and declarations are examined to set out the rights of victims as they impact upon and constitute aspects of the modern criminal trial process. The adversarial criminal trial is also assessed in the context of the increased rights of victims in international law and procedure, and with reference to policy transfer between civil and common law jurisdictions. This timely and comprehensive book will be of great interest to scholars of criminology, criminal law and socio-legal studies.
This book explores the conundrum that political fortune is dependent both on social order and big, constitutive crime. An act of outrageous harm depends on rules and protocols of crime scene discovery and forensic recovery, but political authorities review events for a social agenda, so that crime is designated according to the relative absence or presence of politics. In investigating this problem, the book introduces the concepts 'intelligence crime' and 'critical forensics.' It also reviews as an exemplar of this phenomenon 'apex crime,' a watershed event involving government in the support of a contested political and social order and its primary opponent as the obvious offender, which is then subject to a confirmation bias. Chapters feature case study analysis of a selection of familiar, high profile crimes in which the motives and actions of security or intelligence actors are considered as blurred or smeared depending on their interconnection in transactional political events, or according to friend/enemy status.
This innovative work builds on Huff and Killias' earlier publication (2008), but is broader and more thoroughly comparative in a number of important ways: (1) while focusing heavily on wrongful convictions, it places the subject of wrongful convictions in the broader contextual framework of miscarriages of justice and provides discussions of different types of miscarriages of justice that have not previously received much scholarly attention by criminologists; (2) it addresses, in much greater detail, the questions of how, and how often, wrongful convictions occur; (3) it provides more in-depth consideration of the role of forensic science in helping produce wrongful convictions and in helping free those who have been wrongfully convicted; (4) it offers new insights into the origins and current progress of the innocence movement, as well as the challenges that await the exonerated when they return to "free" society; (5) it assesses the impact of the use of alternatives to trials (especially plea bargains in the U.S. and summary proceedings and penal orders in Europe) in producing wrongful convictions; (6) it considers how the U.S. and Canada have responded to 9/11 and the increased threat of terrorism by enacting legislation and adopting policies that may exacerbate the problem of wrongful conviction; and (7) it provides in-depth considerations of two topics related to wrongful conviction: voluntary false confessions and convictions which, although technically not wrongful since they are based on law violations, represent another type of miscarriage of justice since they are due solely to unjust laws resulting from political repression.
Monsters, Law, Crime, an edited collection composed of essays written by prominent U.S. and international experts in Law, Criminology, Sociology, Anthropology, Communication and Film, constitutes a rigorous attempt to explore fertile interdisciplinary inquiries into "monsters" and "monster-talk," and law and crime. "Monsters" may refer to allegorical or symbolic fantastic beings (as in literature, film, legends, myths, etc.), or actual or real life monsters, as well as the interplay/ambiguity between the two general types of "monsters." This edited collection thus explores and updates contemporary discussions of the emergent and evolving fronts of monster theory in relation to cutting-edge research on law and crime, and may be seen as extensions of a Gothic Criminology, generally construed. Gothic Criminology refers to a theoretical framework initially developed by Caroline Joan "Kay" S. Picart, a Philosophy and Film professor turned Attorney and Law professor, and Cecil Greek, a Sociologist (Picart and Greek 2008). Succinctly paraphrased, noting the proliferation of Gothic modes of narration and visualization in American popular culture, academia and even public policy, Picart and Greek proposed a framework, which they described as a "Gothic Criminology" to attempt to analyze the fertile lacunae connecting the "real" and the "reel" in the flow of Gothic metaphors and narratives that abound around criminological phenomena that populate not only popular culture but also academic and public policy discourses.
This book discusses the multilayered legal structures concerning the regulation of crimes under international law. It covers both core crimes and other types of crime under international law, and examines relevant substantive and procedural rules alike. Pursuing such a comprehensive approach is essential to understanding the basic frameworks of international criminal law, since the varied perspectives on international crimes are connected to different systems of enforcement. Being aware of this interrelatedness is conducive to an in-depth examination of individual topics in both substantive and procedural aspects. On the basis of such an inquiry, this book concisely provides a systematic overview of international criminal law. |
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